Karnataka High Court
Sri Manjunath V vs State Of Karnataka on 22 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:15803
WP No. 11590 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 11590 OF 2024 (LR)
BETWEEN:
1. SRI. MANJUNATH V,
AGED ABOUT 50 YEARS,
S/O LATE S. VENKATARAJU AND
SMT. K. SAROJA @ SAROJAMMA,
RESIDING AT NO. G 003, AXIS AMAIRO,
12TH MAIN, 5TH PHASE, J.P. NAGAR,
BANGALORE - 560 078.
2. SMT. ASHA,
AGED ABOUT 43 YEARS,
W/O ARUN KUMAR,
S/O LATE S. VENKATARAJU AND
SMT. K. SAROJA @ SAROJAMMA,
RESIDING AT NO. G 003, AXIS AMAIRO,
Digitally signed
by JUANITA 12TH MAIN, 5TH PHASE, J.P. NAGAR,
THEJESWINI BANGALORE - 560 078.
Location: HIGH
COURT OF
KARNATAKA 3. SMT. TEJA,
AGED ABOUT 49 YEARS,
D/O LATE S. VENKATARAJU AND
SMT. K. SAROJA @ SAROJAMMA,
RESIDING AT NO. G 003, AXIS AMAIRO,
12TH MAIN, 5TH PHASE, J.P. NAGAR,
BANGALORE - 560 078.
...PETITIONERS
(BY SRI. SHIVARUDRAPPA SHETKAR, ADVOCATE)
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NC: 2024:KHC:15803
WP No. 11590 of 2024
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA - 562 159.
3. THE ASSISTANT COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA - 562 159.
4. THE TAHASILDAR,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 117.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 13.11.2019 PASSED IN CASE NO.
LRF.79(A) AND (B) 58/2014-15 AT ANNX-A BY THE R-3 AND
CONSEQUENTLY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioners are aggrieved by the order of forfeiture dated 13th November, 2019 passed by the -3- NC: 2024:KHC:15803 WP No. 11590 of 2024 respondent-Assistant Commissioner invoking the provisions of Section 83 of the Karnataka Land Reforms Act, 1961 for violation of the provisions contained in Sections 79A and 79B of the Act. The petitioners are also aggrieved by the subsequent order of the Karnataka Appellate Tribunal in Appeal No.01/2022 dated 01st April, 2024.
2. The learned counsel for the petitioners draws the attention of this Court to the Karnataka Land Reforms (Second Amendment) Act, 2020, Karnataka Act No.56 of 2020, whereby the provisions of Section 79A, 79B and 79C have been omitted. Moreover, as per Section 12 of the Amending Act, all cases finally disposed of before the promulgation of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) shall remain unaffected by the Ordinance. Section 12(2) provides that all cases pending before any Court, Tribunal or other authority competent under the provisions of the Principal Act on the date of promulgation -4- NC: 2024:KHC:15803 WP No. 11590 of 2024 of the Karnataka Land Reforms (Amendment) Ordinance, 2020 (Karnataka Ordinance 13 of 2020) pertaining to Sections 79A, 79B and 79C shall stand abated.
3. Admittedly, as on the date of ordinance, no appeal or any proceedings were pending either before the Tribunal or before this Court. Nevertheless, learned counsel for the petitioners submits that in many of such writ petitions, this Court, took note of the savings provision contained in Sub-Section (2) of Section 12 of the Amending Act and held that if the Assistant Commissioner has granted the land to third parties after the order of confiscation was passed, then Sub-Section (1) of Section 12 of the Amending Act will apply to say that the proceedings had reached finality. On the other hand, if the land has remained without being granted to any other party, then Sub-Section (2) of Section 12 of the Amending Act will apply and all further proceedings shall be declared as abated by the Assistant Commissioner. Accordingly, the learned counsel prays for the similar order. -5-
NC: 2024:KHC:15803 WP No. 11590 of 2024
4. Consequently, this Court proceeds to pass the following:
ORDER
(i) Writ petition stands disposed of;
(i) The impugned orders dated 13th November, 2019 passed by the Karnataka Appellate Tribunal, Bengaluru in Appeal No.01/2022 and order dated 01st April, 2024 passed by the respondent-Assistant Commissioner in case No.LRF:79(A) and (B)58/2014-15 are hereby quashed and set-aside;
(ii) The matter is remitted back to the respondent-Assistant Commissioner to consider the case of the petitioners including the consequences of the subsequent amendment brought to the provisions of Sections 79-A and 79-B of the Karnataka Land Reforms Act in Karnataka Amendment No.56 of 2020;
(iii) The petitioners shall appear before the respondent-Assistant Commissioner on 30th May, 2024, without waiting for -6- NC: 2024:KHC:15803 WP No. 11590 of 2024 further notice from the Assistant Commissioner;
(iv) If revenue entries have been altered pursuant to the impugned order dated 13th November, 2019, the same shall be restored in favour of the petitioners.
Ordered accordingly.
Sd/-
JUDGE rv List No.: 1 Sl No.: 10, CT: BHK